Terms of sale

Standard Terms and Conditions for Consumer Purchases of Goods Over the Internet

Introduction: These purchases are governed by the standard terms and conditions below for consumer purchases of goods over the Internet. Consumer purchases over the Internet are primarily regulated by the Norwegian Contract Act (avtaleloven), the Norwegian Consumer Purchases Act (forbrukerkjøpsloven), the Norwegian Marketing Control Act (markedsføringsloven), the Norwegian Right of Withdrawal Act (angrerettloven), and the Norwegian E-Commerce Act (ehandelsloven). These laws give the consumer mandatory rights and can be found at www.lovdata.no. The terms in this agreement should not be interpreted as limiting these statutory rights, but rather describe the main rights and obligations of both parties for the transaction. These terms and conditions are prepared and recommended by the Norwegian Consumer Authority (Forbrukertilsynet). For a better understanding of these terms, please see the Norwegian Consumer Authority’s guidelines.

Table of Contents:

1. The Agreement
2. The Parties
3. Price
4. Conclusion of the Agreement
5. Payment
6. Delivery
7. Risk for the Product
8. Right of Withdrawal
9. Delay and Non-Delivery – The Buyer’s Rights and Deadline for Filing Claims 
10. Defects in the Product – The Buyer’s Rights and Complaint Deadline 
11. The Seller’s Rights in Case of the Buyer’s Breach 
12. Guarantee
13. Personal Data
14. Dispute Resolution

1) The Agreement

The Agreement consists of these terms and conditions, information provided in the ordering solution, and any separately agreed-upon terms. In the event of any conflict between these sources of information, any specifically agreed-upon terms between the parties shall take precedence, as long as they do not conflict with mandatory legislation. The Agreement is supplemented by relevant legal provisions governing the purchase of goods between businesses and consumers.

2) The Parties

The Seller is [Name], [Contact Address], [email], [phone number], [organization number], referred to hereafter as “the Seller.” The Buyer is the consumer who places the order, referred to hereafter as “the Buyer.”

3) Price

The stated price for the goods and services is the total price the Buyer must pay. This price includes all taxes and any additional costs. Any extra costs that the Seller failed to inform the Buyer of before the purchase shall not be borne by the Buyer.

4) Conclusion of the Agreement

The Agreement becomes binding for both parties when the Buyer has sent his or her order to the Seller. However, the Agreement is not binding if a typographical or clerical error has occurred in the Seller’s offer in the online store or in the Buyer’s order, and the other party realized or should have realized there was such an error.

5) Payment

The Seller may demand payment for the goods from the time they are dispatched from the Seller to the Buyer. If the Buyer uses a credit card or debit card as payment, the Seller may reserve the purchase amount on the card at the time of ordering. The card is charged the same day the goods are shipped. If payment is made by invoice, the invoice is issued to the Buyer upon dispatch of the goods. The payment deadline is shown on the invoice and is at least 14 days from receipt. Buyers under 18 years of age cannot pay by a subsequent invoice.

6) Delivery

Delivery has occurred when the Buyer, or his or her representative, has taken possession of the item. If the delivery time is not specified in the ordering solution, the Seller must deliver the goods to the Buyer without undue delay and no later than 30 days after the order is placed. The goods shall be delivered to the Buyer unless otherwise specifically agreed upon by the parties.

7) Risk for the Product

The risk for the goods passes to the Buyer when he or she, or their representative, has received the goods in accordance with point 6.

8) Right of Withdrawal

Unless the Agreement is exempt from the right of withdrawal, the Buyer may cancel the purchase of the goods in accordance with the Norwegian Right of Withdrawal Act. The Buyer must notify the Seller of the use of the right of withdrawal within 14 days from when the withdrawal period begins. All calendar days are included in this period. If the period ends on a Saturday, public holiday, or festive day, it is extended to the nearest working day. The withdrawal deadline is considered met if the notice is sent before the expiry of the deadline. The Buyer bears the burden of proof that the right of withdrawal has been exercised, and therefore the notice should be in writing (withdrawal form, email, or letter). The withdrawal period begins:

• For the purchase of individual goods, the withdrawal period runs from the day after the product(s) is/are received.
• If a subscription is sold, or the Agreement involves regular delivery of identical goods, the period runs from the day after the first shipment is received.
• If the purchase consists of multiple deliveries, the withdrawal period runs from the day after the final delivery is received.

The withdrawal period is extended to 12 months after the end of the original period if the Seller does not, prior to the conclusion of the Agreement, inform the Buyer that a right of withdrawal exists and provide a standardized withdrawal form. The same applies if there is no information about the conditions, deadlines, and procedures for exercising the right of withdrawal. If the business provides the information within these 12 months, the withdrawal period nonetheless expires 14 days after the day the Buyer received the information. When exercising the right of withdrawal, the goods must be returned to the Seller without undue delay and no later than 14 days from giving notice of withdrawal. Unless otherwise agreed, or if the Seller has failed to inform the Buyer that the Buyer must bear the return costs, the Buyer covers the direct costs of returning the product. The Seller may not impose a fee on the Buyer for using the right of withdrawal. The Buyer may examine or test the goods in a responsible manner to determine the nature, properties, and function of the goods, without losing the right of withdrawal. If examination or testing of the goods goes beyond what is reasonable and necessary, the Buyer may be liable for any reduced value of the goods. The Seller is obliged to refund the purchase amount to the Buyer without undue delay and no later than 14 days from when the Seller was notified of the Buyer’s decision to use the right of withdrawal. The Seller has the right to withhold the refund until the Seller has received the goods from the Buyer, or until the Buyer has provided documentation that the goods have been returned.

9) Delay and Non-Delivery – The Buyer’s Rights and Deadline for Filing Claims

If the Seller does not deliver the goods or delivers them late according to the Agreement between the parties, and this is not due to the Buyer or circumstances on the Buyer’s side, the Buyer may, in accordance with the rules of Chapter 5 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold the purchase amount, demand performance, terminate the Agreement, and/or claim compensation from the Seller. For the sake of evidence, claims concerning remedies for breach should be made in writing (for example, by email).

• Performance

  The Buyer may uphold the purchase and demand performance from the Seller. However, the Buyer cannot demand performance if there is an obstacle that the Seller cannot overcome, or if performance would cause such a large disadvantage or cost for the Seller that it is in clear imbalance with the Buyer’s interest in the Seller fulfilling the Agreement. If the problem disappears within a reasonable time, the Buyer may still demand performance. The Buyer loses the right to demand performance if he or she waits an unreasonably long time to make the claim.

• Termination (Cancellation)

  If the Seller does not deliver the goods by the delivery date, the Buyer shall encourage the Seller to deliver within a reasonable additional deadline for performance. If the Seller does not deliver the goods within the additional deadline, the Buyer may terminate the purchase. However, the Buyer may terminate the purchase immediately if the Seller refuses to deliver the goods. The same applies if delivery at the agreed time was critical for entering into the Agreement, or if the Buyer has informed the Seller that the delivery time is critical. If the item is delivered after the additional deadline the Buyer has set, or after the delivery time that was critical for entering into the Agreement, the Buyer must assert a claim for termination within a reasonable time after the Buyer became aware of the delivery.

• Compensation

  The Buyer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if the Seller proves that the delay is due to an obstacle beyond the Seller’s control which could not reasonably have been taken into account at the time of the Agreement, avoided, or overcome.

10) Defects in the Product – The Buyer’s Rights and Complaint Deadline

If there is a defect in the goods, the Buyer must, within a reasonable time after it was or should have been discovered, give notice to the Seller that he or she wishes to invoke the defect. The Buyer has always complained in time if it is done within two months of the defect being discovered or should have been discovered. A complaint must be made no later than two years after the Buyer took possession of the goods. If the goods or parts of them are meant to last substantially longer than two years, the complaint deadline is five years. If the goods have a defect and this is not due to the Buyer or circumstances on the Buyer’s side, the Buyer may, in accordance with the rules of Chapter 6 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold the purchase amount, choose between repair and replacement, claim a price reduction, cancel the Agreement, and/or claim compensation from the Seller. Complaints to the Seller should be made in writing.

• Repair or Replacement

  The Buyer may choose to demand that the defect be repaired or that a corresponding item be delivered. However, the Seller may refuse the Buyer’s claim if fulfilling it is impossible or would impose disproportionate costs on the Seller. Repair or replacement shall be carried out within a reasonable time. As a general rule, the Seller is not entitled to make more than two attempts at remedying the same defect.

• Price Reduction

  The Buyer may request an appropriate price reduction if the goods are not repaired or replaced. This means that the ratio between the reduced and the agreed price corresponds to the ratio between the value of the goods in defective condition and their value in contractual condition. If there are special reasons, the price reduction may instead be set to reflect the significance of the defect for the Buyer.

• Termination (Cancellation)

  If the goods are neither repaired nor replaced, the Buyer may also cancel the purchase if the defect is not insignificant.

11) The Seller’s Rights in Case of the Buyer’s Breach

If the Buyer does not pay or fulfill other obligations under the Agreement or by law, and this is not due to the Seller or circumstances on the Seller’s side, the Seller may, in accordance with the rules of Chapter 9 of the Norwegian Consumer Purchases Act, depending on the circumstances, withhold the goods, demand performance of the Agreement, cancel the Agreement, and claim compensation from the Buyer. Under certain circumstances, the Seller may also claim interest for late payment, debt collection fees, and a reasonable fee for uncollected goods.

• Performance

  The Seller may uphold the purchase and require the Buyer to pay the purchase price. If the goods have not been delivered, the Seller loses this right if he waits an unreasonably long time to assert the claim.

• Termination (Cancellation)

  The Seller may cancel the Agreement if there is significant breach of payment or another significant breach by the Buyer. However, the Seller cannot cancel if the total purchase price has been paid. If the Seller sets a reasonable additional deadline for performance and the Buyer does not pay within this period, the Seller may cancel the purchase.

• Interest for Late Payment/Debt Collection Fee

  If the Buyer does not pay the purchase price in accordance with the Agreement, the Seller may charge interest on the purchase price under the Norwegian Act on Late Payment Interest (forsinkelsesrenteloven). After prior notice, the claim may be sent to debt collection. The Buyer may then be held liable for fees under the Norwegian Debt Collection Act (inkassoloven).

• Fee for Uncollected, Non-Prepaid Goods

  If the Buyer fails to collect unpaid goods, the Seller may charge the Buyer a fee. The fee shall at most cover the Seller’s actual expenses in delivering the goods to the Buyer. Such a fee may not be charged to Buyers under 18 years of age.

12) Guarantee

Any guarantee provided by the Seller or the manufacturer gives the Buyer rights in addition to those the Buyer already has under mandatory legislation. A guarantee does not therefore limit the Buyer’s right to complain or make claims for delay or defects under points 9 and 10.

13) Personal Data

The Seller is responsible for processing the personal data that is collected. Unless the Buyer consents to otherwise, the Seller, in accordance with the Norwegian Personal Data Act (personopplysningsloven), may only collect and store the personal data necessary for the Seller to fulfill the obligations under this Agreement. The Buyer’s personal data will only be disclosed to others if it is necessary for the Seller to carry out the Agreement with the Buyer, or if required by law.

14) Dispute Resolution

Complaints should be directed to the Seller within a reasonable time, cf. points 9 and 10. The parties should attempt to resolve any disputes amicably. If this is not successful, the Buyer may contact the Norwegian Consumer Council (Forbrukerrådet) for mediation. The Norwegian Consumer Council can be reached by phone at (+47) 23 400 500 or via www.forbrukerradet.no.